Sunbeast App - Terms Of Use

Last Updated / Effective Date: December 28, 2022

These terms of use (“Terms”) constitute a legal contract between Sunbit, Inc. (“Sunbit,” “us,” “we,” or “our”) and visitors to our mobile applications owned or operated by Sunbit (“you” and “your”). These Terms govern all aspects of your use of the SunBeast mobile application (“App”).

Please read these Terms carefully. By accessing or using the App, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, please exit the App now.

You are responsible for reviewing these Terms regularly. We may modify the Terms from time to time, at our sole discretion, by posting updates to the Terms on the Site. Your continued use of the App constitutes your acceptance of any modifications to the Terms.

The Terms are in addition to any other terms and conditions that may apply to our Sunbit website www.sunbit.com, Account Home website, and/or our products and services. Where appropriate, please review those separate terms and conditions. In the event of a conflict between these Terms and any specific terms and conditions that you may receive, the specific terms and conditions will govern.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR APP AND OUR SERVICES CAREFULLY.

1. Scope of Agreement

By accessing and/or using the App, you agree to these Terms. These Terms apply to any use of the App including when you register a user account and when you use the App as a guest.

2. Eligibility

The App is not intended for, and should not be used by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. This App is not intended for, and should not be used by, any person under 18 years of age (or any higher age in your jurisdiction in order to legally enter into a binding agreement).

3. License Grant and Use of the App

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to download, install, and use the App on a mobile device either owned by you or issued to you by your employer and to access, stream, and download the material made available in or otherwise accessible through the App, for your employer’s legitimate and lawful business purposes provided that you comply fully with the provisions of these Terms. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, the App. You understand that only you may use your user account and password, and that your use of the App is only valid for your personal, noncommercial use and may not be shared with others.

You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under these Terms, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions and restrictions, under these Terms.

Sunbit and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the App, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

For App Users on Apple iOS® platforms: You and Sunbit acknowledge that these Terms are entered into between you and Sunbit and not with Apple, Inc. Sunbit is solely responsible for the App and any content contained therein. These Terms incorporate by reference the Licensed App End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms, the “App” is considered the “Licensed App” as defined in the LAEULA and Sunbit is considered the “App Provider” as defined in the LAEULA. If any terms of these Terms conflict with the terms of the LAEULA, the terms of these Terms shall control. You also acknowledge that you have reviewed the Apple App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS) and that such terms further apply to your use of the App. The license granted in these Terms is non-transferable and you may only use the App on Apple-branded products that you own or control as permitted by the Apple Media Services Terms and Conditions (located online at https://www.apple.com/legal/internetservices/ itunes/us/terms.html) (the “MSTC”), except that the App may also be accessed and used by other accounts associated with the you via volume purchasing. Any references in these Terms to the “Terms” includes the LAEULA and the MSTC.

The information and materials contained on the App and the Terms, policies, and descriptions that appear on the App are subject to change. App changes may also modify or delete in their entirety certain features and functionality; however, you agree that Sunbit has no obligation to provide bug fixes or to continue to provide or enable any particular features or functionality. You accept sole responsibility for your use of the App. Your use of the App is limited to the intended function of the App. Unauthorized use of the App and systems, including but not limited to unauthorized entry into Sunbit’s systems or misuse of any information posted on the App, is strictly prohibited. You agree that you will not:

(a) copy the App, except as expressly permitted by this license;

(b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the App;

(c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof;

(d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the App, including any copy thereof;

(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or any features or functionality of the Appl, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or

(f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the App or any features or services made available on or through the App; or If you do not comply with these Terms at any time, we reserve the right to cancel or terminate your password, user account, and/or access to the App (or any part thereof). At our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the App, including, but not limited to, (i) restricting the time the App is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the App. You agree that any termination or cancellation of your access to, or use of, the App may be effected without prior notice. If you do not abide by these Terms, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our App (or part thereof). Further, you agree that we shall not be liable to you or any third-party for any termination, cancellation or modification of your access to, or use of, our App.

4. SunBeast Rewards and Incentive Program

By participating in the SunBeast Rewards and Incentive Program, you agree to be bound by the SunBeast Rewards and Incentive Program Terms of Use which are in addition to and not a replacement of, these SunBeast App Terms of Use.

5. Submissions

The App may contain profile and other similar interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “Submissions”) on or through the App.

All Submissions must comply with the Content Standards set out in these Terms.

You are and will remain the sole and exclusive owner of all Submissions. However, Any User Contribution you post to the App will be considered non-confidential and non-proprietary. By providing any User Contribution on the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assignees the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that: (a) you own or control all rights in and to the Submissions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and (b) all of your Submissions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any Submissions you submit or contribute, and you, not Sunbit, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any Submissions posted by you or any other user of the App.

We have the right to: (a) remove or refuse to post any Submissions for any or no reason in our sole discretion; (b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the standards listed below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public or could create liability for the Sunbit; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and (e) terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these Terms. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App.

Content Standards

These content standards apply to any and all Submissions and use of the Interactive Services. Submissions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Submissions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

• Be likely to deceive any person. • Promote any illegal activity, or advocate, promote or assist any unlawful act.

• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

6. Privacy

Sunbit has made a commitment to protecting the privacy of visitors to our App. You acknowledge that when you download, install or use the App, Sunbit may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the App. You also may be required to provide certain information about yourself, including but not limited to, personal identifiers (name, address, email address, telephone number, etc.) as a condition to downloading, installing or using the App or certain of its features or functionality, and the App may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this App is subject to our Sunbit Privacy Policy (“Privacy Policy”). By downloading, installing, using and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with Sunbit Privacy Policy.

7. Restrictions on Use of Materials

You acknowledge that this App may contain information, text, videos, sounds, graphics, artwork, user and visual interfaces, questions, creative suggestions, messages, comments, feedback, ideas, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, service marks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is owned, controlled, or licensed by or to us and is protected by law, including United States copyright laws, and, if applicable, similar foreign laws. Subject to any copyrights or other rights of the original owners of such Content, we also own a copyright in the selection, coordination, arrangement and enhancement of such Content.

The names Sunbit and SunBeast, the Sunbit logo, and other trademarks, service marks, names, slogans, graphics, and logos of Sunbit used in connection with the App (collectively, “Marks”) are trademarks or registered trademarks of Sunbit. Other trademarks, service marks, graphics, and logos appearing on the App are trademarks of their respective owners. Nothing contained on the App should be construed as granting any license or right to use any of the Sunbit marks or third-party marks appearing on the APP without the prior written consent from us or any party that may own any of the third-party marks.

You are not authorized to, and agree not to, download, display or use any Mark in any publication, advertising, publicity or any other commercial or non-commercial manner, in connection with products or services that are not those of Sunbit, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Sunbit and/or its software or intellectual property licensors, that dilutes the strength of Sunbit or its licensors’ property, or that otherwise infringes Sunbit or its licensors’ intellectual property rights.

Content is provided exclusively for your legitimate and authorized access and use in the service of your employer. You may not modify, publish, republish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any other way exploit (including but not limited to for commercial use), any of the Content, in whole or in part without the prior written consent of Sunbit. When Content is downloaded to your computer or any mobile or other device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other application or networked computer environment is strictly prohibited unless you receive our prior written consent.

8. Third Party Materials

The App may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that Sunbit is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Sunbit does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.

9. Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the App infringes your copyright, you may request removal of those materials (or access to them) from the App (and the servers that run the App) by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.

• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the App, a representative list of such works.

• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

• Include both of the following statements in the body of the DMCA Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the App is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

10. Repeat Offenders:

Please note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

11. System Outages, Slowdowns, and Capacity Limitations

At times you may experience difficulty accessing the App or communicating with Sunbit through the Internet or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or Sunbit’s, can experience unanticipated outages or slowdowns or have capacity limitations. Sunbit makes no warranty whatsoever to you, express or implied, regarding the availability of the Internet or data service to a mobile device.

12. No Warranty

The App, including all content, information, materials, links, and other items provided by Sunbit or by third parties, is provided “AS IS”, “AS AVAILABLE,” and without warranty, either express or implied, including but not limited to, the warranties of non-infringement of third-party rights, title, merchantability, and fitness for a particular purpose. Sunbit does not warrant the accuracy, adequacy, or completeness of the App and expressly disclaims liability for errors or omissions in the App or content, information, materials, links, and other items provided by Sunbit or by third parties. You acknowledge and agree to use the App at your sole risk and that Sunbit cannot guarantee and does not warrant that your access will be uninterrupted, timely, secure, or error-free, or that the App will be free of mobile viruses. Anything downloaded or otherwise obtained through the use of the App is done at your sole risk, including without limitation, with respect to any damage to your computer system or mobile device or loss of data that results from the download of any service, offering, content or material and any of your interactions with any third parties.

The App is designed to work when accessed through the internet by a mobile device. You acknowledge and agree that some portable devices may not be compatible with the App and that we cannot guarantee the accuracy or functionality of the App. We do not warrant that the App will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using, the App. We shall also not be liable for the actions of third parties.

13. Intellectual Property Rights

For App Users on Apple iOS® platforms: You and Sunbit acknowledge that, in the event of any third party claim that the App or your use of the App infringes any third party's intellectual property rights, Sunbit, not Apple, Inc, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim (but such responsibility will not include indemnification to you from Sunbit). Should the App be found to infringe any intellectual property rights of a third party, your sole remedy shall be either to cease using the App or to use a non-infringing version of the App should Sunbit choose to provide you with such a non-infringing version.

14. Indemnification

You agree to indemnify, defend and hold Sunbit and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the App.

15. Limitation of Liability

IN NO EVENT WILL SUNBIT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE APP OR YOUR USE THEREOF OR INABILITY TO USE BY ANY PARTY OR DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR OTHER DEFECT RELATED TO THE APP, EVEN IF SUNBIT OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 8

For App Users on Apple iOS® platforms: Subject to the above, Sunbit and you acknowledge that Sunbit, not Apple, Inc., are responsible for addressing any claims of end users of the App or any third party relating to the App or your possession and/or use of the App, including, but not limited to(i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of the HealthKit and HomeKit frameworks.

16. Term and Termination

The term of these Terms commences when you install the App and will continue in effect until terminated by you or Sunbit as set forth in this Section. You may terminate these Terms by deleting the App and all copies thereof from your Mobile Device. Sunbit may terminate these Terms at any time without prior notice. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms. Upon termination: (a) all rights granted to you under these Terms will also terminate; and (b) you must cease all use of the App and delete all copies of the App from your mobile device and account. Termination will not limit any of Sunbit’s rights or remedies at law or in equity.

17. Governing Law and Disputes

The Terms are governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts of law, which would result in the application of the laws of another jurisdiction. Any legal suit, action, or proceeding arising out of or relating to these Terms shall be instituted in the Federal Courts of the United States of America located in the Central District of California or, if the Federal Court does not have jurisdiction, in the courts of the State of California, in each case located in the city of Los Angeles, California, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. ANY SUCH CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES, OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

18. Severability/No Waiver

If any provision of the Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. Sunbit’s failure to enforce the strict performance of any provision of the Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of the Terms.

19. Export Regulations

The App may be subject to export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the App available outside the US. In particular, but without limitation, you shall not export or re-export the App: (a) into any U.S.-embargoed countries; or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you further represent and warrant that you are not located in any such country or on any such list. You also further represent, warrant, and covenant that you shall not use the App in any way related to any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

20. Third Party Beneficiaries

For App Users on Apple iOS® platforms: You further acknowledge that Apple, Inc. and its subsidiaries are third party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce these Terms.